Product Description
Administrative Law in Context, 4th Edition examines the latest developments in the field of administrative law, relating to the important and contemporary contexts that shape legal ideas. This authoritative casebook provides a collaborative analysis of key principles and seminal cases by leveraging the voices of Canada’s leading scholars and practitioners.
The fourth edition includes a practical and in-depth analysis of the Supreme Court of Canada’s 2019 Vavilov trilogy. Bell, NFL, and Vavilov’s seminal decisions generated fundamental changes to the appellate standards of review. This edition also includes updated chapter questions, discussions, commentary, and practice tips.
This text employs an experiential teaching approach to the Canadian doctrine of administrative law, combining theory and applied learning to provide a text that students can take with them, from the classroom to the courtroom.
Features
- A companion website that acts as a teaching tool with edited and full text versions of cases and archived chapters from previous editions.
- A table with annotated extracts of key statutes.
- New chapters on Canada (Minister of Citizenship and Immigration) v Vavilov, 2019 SCC 65, covering this decision's changes to the framework for substantive review and the impact on decision-making in lower courts.
- Expanded content on procedural fairness, the relationship between Indigenous peoples and administrative decision-makers, administrative agencies, and the intersection between public and private law within the common law system.
- Contributions from Canada’s foremost legal experts: Alexandra Flynn, Andrew Green, Angus Grant, Audrey Macklin, Justice Alexander Pless, Colleen M. Flood, Craig Forcese, Cristie Ford, Evan Fox-Decent, Justice Freya Kristjanson, Geneviève Cartier, Gerald Heckman, Justice Grant Huscroft, Janna Promislow, Jennifer Dolling, Jennifer Raso, Kate Glover Berger, Laverne Jacobs, Leslie McIntosh, Justice Lorne Sossin, Martine Valois, Mary Liston, Naiomi Metallic, Paul Daly, Peter J. Carver, Sheila Wildeman, and WA Bogart.
Table of Contents
Chapter 1: A Map for the Complex World of Administrative Decision-Making and Law.
Part I: Key Themes and Concepts
Chapter 2: What People Want, What They Get, and the Administrative State
Chapter 3: Everything You Always Wanted to Know about the Rule of Law but were Afraid to Ask in Class
Chapter 4: Delegation and Consultation: How the Administrative State Functions and the Importance of Rules
Chapter 5: Realizing Aboriginal Administrative Law
Part II: Procedural Fairness
Chapter 6: Fair Processes for Just Outcomes: The Principles and Practices of Procedural Fairness
Chapter 7: A Charter Twist on Procedural Fairness
Chapter 8: The Duty of the Administrative State to Consult Indigenous Peoples
Chapter 9: The Architecture of Fairness: Independence, Impartiality, and Bias
Chapter 10: Spanning the Constitutional Divide Between the Judiciary and The Executive: The Ill-Fated Nature of Administrative Tribunals
Part III: Substantive Review
Chapter 11: A Short History of Standard of Review
Chapter 12: Big Bang Theory: Vavilov’s New Framework for Substantive Review
Chapter 13: One of these things is not like the other: Vavilov and Municipal Decision-Making
Chapter 14: International Human Rights Norms and the Substantive Review of Administrative Decision-Making
Chapter 15: The Charter and Administrative Law: Substantive Review
Chapter 16: Fairness in Context: Achieving Fairness through Access to Administrative Justice
Part IV: Forums
Chapter 17: Habeas Corpus Unbound
Chapter 18: Much Ado About Quite A Bit: Administrative Agencies
Chapter 19: At the Core of Things: Section 96 of the Constitution Act, 1867 and Administrative Law
Chapter 20: Crown Liability for Negligent Administrative Action
Chapter 21: 3Ps: A Public/Private Primer
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